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HomeMy WebLinkAboutBy-law 3459/90 THE CORPORATION OF THE TOWN OF PICKERINO BY-LAW NO, 3459/90 Being a by-law to authorize the execution of a Release and Discharge of the Site Plan Agreement respecting those parts of Part Lot 21, Concession 1, Pickering, designated as Pans 17, 18 and 19, Plan 40R-10070 (Discovery Place, Building 'B'). WHEREAS, pursuant to the Planning Act 1983, S.O. 1983, chapter 1, s.40, The Corporation of the Town of Pickering and Duffin Developments Inc., Citibank Canada and Discovery Place Limited, entered into an Agreement dated September 24, 1987, Notice of which was registered on December 16, 1987 as Instrument No. LT364276 respecting the development of Part Lot 21, Concession 1, Pickering, being Parts 17, 18 and 19, Plan 40R-10070; and WHEREAS, the terms and conditions of that Agreement have been complied with to date, to the satisfaction of the Town; NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: I. The Mayor and Clerk are hereby authorized to execute a Release and Discharge in the form attached, hereto as Schedule A, of the Agreement dated September 24, 1987, Notice of which was registered December 16, 1987, as Instrument No. LT364276, between Duffin Developments Inc., Citibank Canada and Discovery Place Limited and The Corporation of the Town of Picketing, respecting the development of Part Lot 21, Concessl'on 1, Pickering, being Parts 17, 18 and 19, Plan 40R-10070; 2. Schedule A hereto forms part of this by-law. BY-LAW read a first, second and third time and finally passed this 7th day of May, 1990. Wayne Artl~rs, Mayor *OWN c~ Bruce Taylor, Clerk ~' PICKER ~,IG APPROVED LEGAL DEPr THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3459/90 Being a by-law to authorize the execution of a Release and Discharge of the Site Plan Agreement respecting those parts of Part Lot 21, Concession 1, Pickering~ designated as Pans 17, 18 and 19, Plan 40R-10070 (Discovery Place, Building 'B'). WHEREAS, pursuant to the Planning Act 1983, S.O. 1983, chapter I, s.40, The Corporation of the Town of Pickering and Duffin Developments Inc., Citibank Canada and Discovery Place Limited, entered into an Agreement dated September 24, 1987, Notice of which was registered on December 16, 1987 as Instrument No. LT364276 respecting the development of Part Lot 21, Concession 1, Pickering, being Parts 17, 18 and 19, Plan 40R-10070; and WHEREAS, the terms and conditions of that Agreement have been complied with to date, to the satisfaction of the Town; NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute a Release and Discharge in the form attached hereto as Schedule A, of the Agreement dated September 24, 1987, Notice of which was registered December 16, 1987, as Instrument No. LT364276, between Duffin Developments Inc., Citibank Canada and Discovery Place Limited and The Corporation of the Town of Picketing, respecting the development of Part Lot 21, Concession 1, Pickering, being Parts 17, 18 and 19, Plan 40R-10070; 2. Schedule A hereto forms part of this by-law. BY-LAW read a first, second and third time and finally passed this 7th day of May, 1990. Waynd Artbffrg, Mayor TOWN CF' Duce ay , t~lerK· PICKER APPROVED Schedule A RELEASE AND DISCHARGE WHEREAS, the Agreement dated September 24, 1987, Notice of which was registered December 16, 1987, in the Land Registry Office for the Land Titles Division of Durham (No. 40) as Instrument No. LT364276, between, DUFFIN DEVELOPMENTS INC., CITIBANK CANADA - and - DISCOVERY PLACE LIMITED herein collectively called the "Companies" - and - THE CORPORATION OF THE TOWN OF PICKERING herein called the "Town" provided for the development of lands affected hereby amongst others; and WHEREAS the terms and conditions of that Agreement have been complied with to date to the satisfaction of the Town with respect to the lands affected hereby; THE TOWN HEREBY remises, releases a.n.d f..o. rever discharges the Companies, their respective successors and assigns, from any and all liabilities, actions, causes of action, debts, claims or demands of any kind whatsoever which the Companies, or any of them, may have been, are, or may become subject to pursuant to the provisions of the Agreement. THIS RELEASE AND DISCHARGE affects the lands described as: Those parts of Lot 21, Concession 1, designated as Parts 17, 18 and 19, Plan 40R-10070, in the Town of Pickering in the Regional Municipality of Durham. IN WITNESS WHEREOF the Town of Pickering has hereunto affixed its corporate seal attested by its properly authorized officers. Dated at Picketing this 7th day of May, 1990. SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor Bruce Taylor, Clerk DRAFT PLAN OF CONDO)IINItJM 18-CDM-89018 SUBMITTED BY DISCOVERY PLACE AT THE NORTHWEST CORNER OF THE ESPLANADE NORTH AND VALLEY FARM ROAD FILE NUMBER - B 4100 - 18-CDM-S9018 That Town Council recommend to Regional Council that Draft Plan of Condominium 18CDM-89018, submitted by Discovery Place Limited on lands being Part of Lot 21, Concession l, Town of Picketing, be APPROVED subject to the following conditions: 1. That this recommendation apply to the plan prepared by R. Avis Surveying Inc., dated May 12, 1989, and bearing the Town's recommendation stamp. 2. That prior to final registration of this plan: (a) the applicant submit a Draft Durham Condominium Plan to be approved by the Town Planning Department; (b) all of the general on-site works including landscaping, fencing, lighting, and surface treatment be completed to the satisfaction of the Town's Planning Department; (c) the applicant's professional engineer provide a certificate stating that the parking facilities and internal roads have been constructed in accordance with the standards and specifications of the approved site plan; (d) the Town's Building and Fi re Departments confirm, through a final inspection, that the development complies with the Ontario Building Code and the Ontario Fire Code; · (e) the applicant enter into an appropriate condominium agreement with and to the satisfaction of the Town of Picketing which shall include, but not necessarily be limited to, requirements respecting: (i) the continued compliance of the suhject property with the Town-approved site plan; (ii) co-operation with the Town in such areas as refuse collection, snow storage, driveway entrance maintenance and fence maintenance. 3. That' the Town Approved Site Plan and/or the Draft Plan of Condominium be revised to ensure consistency between the two plans prior to the forwarding of Council's recommendation to the Region of Durham Planning Department. Attachment co letter dated 1990 05 21 From: Dr. M. Michael, Commissioner of Plsnnin$ To: Discovery Place Limited Re: Plan of Condominium 18CDM-89018 TOWN OF PICKERING CONDITIONS OF DRAFT APPROVAL 1. That this approval applies to draft plan of condominium 18CDH- 89018, prepared by R. Avis gurveylnS Inc., identified as project number 277-1, dated Hay 12, 1989 by the surveyor's date, which illustrates a 259-unit apartment building. 2. Thac prior to final approval of the plan, the Owner shall satisfy all requirements, financial and otherwise, of the Town of Fickering. This shall include, among other matters, =he execution of a condominium agreement between the Owner and the Town of Pickerins, concerning, among other matters, the following: compliance w/th the municipality's approved site plan in terms of refuse collection, snow storage and driveway entrance maintenance. 3. That prior to final approval of the plan, the Owner shall satisfy all requirements, flnancial and otherwise, of the Regional Munlclpality of Durham. This shall include, among other matters~ the payment of service charges and/or developmen= charges in accordancs with Regional pollcies. &. That the Owner agrees to maintain unobstructed access to existing water meters for servicing by Regional personnel. 5. That any metering changes proposed by the O~mer shall be approved by the Regional Municipality of l~rham and all costa involved in the rearrangement shall be borne by the Owner. 6. Thac prior co flnal approval of this plan of condominium for registration, the' Commissioner of PlanninS for the Regional~ Municipality of Durham shall be advised in writing by: a. Town of Plckerlng) how Condition 2 has been satisfied. ~OTKS TO DRAFT APPROVAL 1. As the Owner of the proposed condominium, it ia in your interest, as well as your responsibility, to satisfy all of the conditions of draft approval in an expeditious manner. 2. All plans of condominium must be resis~ered in the Land Titles system within the Re$1onal Municipality of Durham. The Town of Pickering LEGAL DEPARTMENT - Site Plan Agreement Release -Condominium Agreement